With plaintiff counsel continuing to push the envelope in seeking to establish new claims that meet the “commonality” threshold, the risk of potential damages – and costly litigation – has never been greater.
Hicks Morley has defended employers on the Canadian class action frontier for over 20 years, successfully resisting certification in approximately 60% of cases. Our team of class action lawyers work closely with our clients in developing an efficient and strategic approach to resisting class action proceedings – from the moment the potential for a class action arises.
Hicks Morley litigators have experience dealing with a huge variety of claims, including claims related to mass termination, constructive dismissal, pension and benefits, retiree benefits, retention bonuses, employee health benefits, employee wages and hours, and the Consumer Protection Act.
In class action cases, the five-part test under section 5 of the Class Proceeding Act, 1992 (CPA) is front and centre. In developing our strategic approach to defending the claim, we provide clients with critical and timely risk management advice – both with respect to damages and with respect to our client’s reputation. We examine and marshal the evidence to resist certification and to respond to the evidence put forward by the plaintiff.